Law Commons^™

Reimagining The Marshall Court, H. Jefferson Powell

Michigan Law Review

A Review of The Marshall Court and Cultural Change, 1815-1835 by G. Edward White

The Opinion Volume 30 Number 1 – April 26, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 26, 1989

The Opinion Volume 29 Number 13 – April 12, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 12, 1989

The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan

Dalhousie Law Journal

It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …

The Public Dimension In Legal Education, Mark R. Macguigan

Dalhousie Law Journal

Legal education, while always a subject of fascination to law students and professors, only periodically becomes a matter of more general interest. But that is what I believe has happened in Canada in the mid-1980s as the result of three publishing events.

Lord Of Point Grey: Larry Mackenzie Of U.B.C., Stanley B. Frost

Dalhousie Law Journal

P. B. Waite has been hugely fortunate in his subject, Norman Archibald MacRae MacKenzie, known to his intimates as "Larry". Here is a quintessential Canadian. Born in a modest Manse in Pugwash, Nova Scotia, and schooled at Pictou Academy, he then laboured for four years on a farm in Saskatchewan, survived four years in the trenches of World War I (mostly with the Nova Scotia Highlanders, emerging without a scratch, but with a Military Medal and bar, and a promised but never confirmed commission), entered Law at Dalhousie, won a Carnegie Fellowship to Harvard and then a renewal to take …

The Opinion Volume 29 Number 12 – March 15, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 15, 1989

The Opinion Volume 29 Number 11 – March 1, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 1, 1989

Commentary On “On The Nature Of Bankruptcy”: Bankruptcy And Bargaining, Theodore Eisenberg

Cornell Law Faculty Publications

At a conference on bargaining, it should not be surprising that there is more than one perspective on the relationship between bankruptcy and bargaining. Dean Jackson and Professor Scott's article emphasizes a hypothetical bargain to be struck by idealized participants in a firm. It explores the relationship between bankruptcy and that bargain. By imagining what that bargain would look like, Jackson and Scott construct new justifications for bankruptcy law's distributional rules. Such a theory, however, is subject to reservations about the depth of insight that can be gained from examination of purely theoretical bargains. Stripped of real-world characteristics, hypothetical bargains …

The System And The Life World, Warren Lehman

Washington and Lee Law Review

No abstract provided.

The Opinion Volume 29 Number 10 – February 21, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 21, 1989

The Opinion Volume 29 Number 9 – February 10, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 10, 1989

Property And Suffrage In The Early American Republic, Robert J. Steinfeld

Journal Articles

No abstract provided.

Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton

All Faculty Scholarship

No abstract provided.

Second-Order Reasons, Uncertainty And Legal Theory, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf

American Indian Law Review

No abstract provided.

1989 Touro College School Of Law Yearbook, Touro College School Of Law, Touro College Jacob D. Fuchsberg Law Center

Yearbooks and Newsletters

1989 Touro College School of Law Yearbook. This was the first year the name "Jacob D. Fuchsberg Law Center" was featured on the yearbook cover. Established in 1980 with the inception of the Law School, on April 13, 1986 the Touro College Law Center was named for one of the Law School's Board members, The Honorable Jacob D. Fuchsberg, Associate Judge of the New York Court of Appeals from 1975 to 1983. The Fuchsberg Law Center was first mentioned in the 1987 yearbook. The name would be retained when the Law School moved to its present location in Central Islip …

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

Faculty Scholarship

No abstract provided.

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.

Positivism In The Historiography Of The Common Law, David K. Millon

Scholarly Articles

A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view.

Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …

Antitrust In The Formative Era: Political And Economic Theory In Constitutional And Antitrust Analysis, 1880-1918, James May

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Antitrust Movement And The Rise Of Industrial Organization, Herbert J. Hovenkamp

All Faculty Scholarship

The modern science of industrial organization grew out of a debate among lawyers and economists in the waning years of the nineteenth century. For Americans, the emergent business "trust" provoked a dialogue about how the law should respond. Many of the formal theories of industrial organization, such as the ruinous competition doctrine, the potential competition doctrine, and the post-classical concern about vertical integration, were actually borrowed from the law.

Anglo-American and European economists disputed the proper domain of theory and description in economic analysis. The British approach was exemplified Alfred and Mary Paley Marshall's Economics of Industry, published in …

The Transformation Of American Civil Procedure: The Example Of Rule 11, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Summary Of Tokugawa Criminal Justice, Daniel H. Foote

Articles

The summary set forth below is derived principally from the late Professor Yoshiro Hiramatsu's-comprehensive study of Tokugawa criminal justice. Hiramatsu's work focusses on the period from the promulgation of the Osadamegaki by the Shogun Yoshimune in 1742 through the end of the Tokugawa era in 1867. (As described by Professor Dan F. Henderson, Conciliation and Japanese Law, Tokugawa and Modern (1965), Vol. 1, at 7, fn. 26, the Osadamegaki, which consisted of two books, constituted "a compilation and rough codification of prior decrees and precedents", and "was the only such official attempt to systematize the law in the Tokugawa period." …

Sapphire Bound!, Regina Austin

All Faculty Scholarship

No abstract provided.

Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring

American Indian Law Review

No abstract provided.

Excursions Into The Nature Of Legal Language, Mary Jane Morrison

Cleveland State Law Review

In this article, I explore some of the truths on each side of the issue of whether the language of the law is a technical language and whether lawyers speak in a technical language when they speak with each other about the law. In Part I of this article, I examine the due process limitations on the thesis that the law is in a technical language and I draw distinctions between speaking carefully and speaking technically. In Part II, I set out the technical language views of H.L.A. Hart and Charles Caton. By taking back-bearings on the views of Hart …

Chapter 4 - Self-Ownership And The Political Theory Of Elizabeth Cady Stanton (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …

Self-Ownership And The Political Theory Of Elizabeth Cady Stanton, Elizabeth B. Clark

Publications

The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.